D E P A R T M E N T O F T H E N A V Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAW ANNEX
WASHINGTON DC 20370-5100
T JR
Docket No: 39-99
22 July 1999
Dear +YIIIIYIIILic
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.
b'
A three-member panel of the Board for Correction of Na-1
Records, sitting in executive session, considered your
application on 13 July 1999. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted of
your application, together with all material submitted in support
thereof, your naval record, and applicable statutes, regulations,
and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
The Board found you enlisted in the Marine Corps on 27 May 1971
at the age of 20. Your record reflects that on 25 January 1972
you were convicted by general court-martial (GCM) of conspiracy,
forcible sodomy, three instances of assault, committing an
indecent, lewd, and lascivious act, and two incidents of
comunicating a threat. You were sentenced to confinement at
hard labor for 10 years, forfeiture of all pay and allowances,
and a dishonorable discharge (DD). On 15 October 1973 you
submitted a written request for clemency. However, the discharge
authority denied your request. Subsequently, the findings and
sentence of the GCM were reviewed by the convening authority, who
set aside one specification of assault and reduced the
confinement to six years, but otherwise approved the findings and
sentence. The Navy Court of Military Review approved the
findings, as modified by the convening authority, but further
reduced the confinement to three years. Accordingly, the DD was
ordered executed and you were so discharged on 21 November 1973.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and irmnaturity and your contention that you would like
your discharge upgraded. However, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge given the serious nature of your misconduct for which
you were convicted by GCM. Along these lines, the Board noted
that you received considerable clemency when the sentence to
confinement was reduced from 10 years to three years. Given all
the circumstances of your case, the Board concluded your
discharge was proper and no change is warranted. Accordingly,
your application has been denied.
The names and votes of the members of the panel will be furnished
upon request.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
W. DEAN PFEIFE'ER
Executive Director
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